What is the derivative evidence rule?

Answer by  Jill13 (263)

The derivative evidence rule is also known as the fruit of the poisonous tree doctrine. Illegally obtained evidence may be deemed inadmissible in court. Similarly, evidence derived from illegally obtained evidence may also be excluded. The evidence is considered "tainted" due to the way it was obtained by law enforcement officers or agents of the government.

Answer by  patti (29325)

Derivative evidence is inadmissible owing to the "fruit of the poisonous tree" rule. Original evidence and that which is derived from it are considered tainted because of the manner in which it was originally obtained.

Answer by  cubanchick (188)

Also known as the fruit of the poisonous tree doctrine, this rule means that the original evidence is illegal or tainted if involved in a police abuse for example. This would prevent an illegal search and seizure from the police, especially without a warrant. A legal search and seizure is constitutional.